State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2475: water use; criminal penalty; wells

PRIME SPONSOR: Representative Bowers, LD 25

BILL STATUS: Transmitted to Governor

                               

 

Overview

Exempts a person from a class 2 misdemeanor for taking water through a registered well without knowledge that the water is subflow.

History

Statute deems it a class 2 misdemeanor to:

1.       Knowingly and without authority open, close, change or interfere with a lawfully established head gate, measuring device or water box;

2.       Knowingly use water lawfully denied by the water superintendent or other competent authority;

3.       Without authority use water that is entitled to another person;

4.       Without authority divert water from a stream;

5.       Knowingly waste water to the detriment of another;

6.       Divert a stream to the injury or threatened injury of the lands of another;

7.       Use, store or divert water without the issuance of a permit; or

8.       Place or maintain an obstruction interfering with the use of works, when an appropriator of water has the lawful right of way for the storage, diversion or carriage of such water (A.R.S. § 45-112).

Provisions

1.       Exempts a person from a class 2 misdemeanor for using water that is entitled to another person through a registered well without knowledge that the water constitutes the subflow of a river or stream.  (Sec. 1)

2.       Makes technical changes. (Sec. 1)

 

 

 

 

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

 

 

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Fifty-fourth Legislature                               HB 2475

First Regular Session                    Version 5: Transmitted

 

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